Herd and Snyder

This matter concerned orders relating to a child, X, born in 2006, between the parents, Herd and Snyder. The dispute involved the living arrangements and parental responsibilities for the child, as well as the specific terms of time the child would spend with each parent, including communication, holidays, and overseas travel.

The court was required to determine the primary residence of the child, the allocation of parental responsibility for long-term decisions, and the detailed schedule for the child's time with each parent. This included provisions for school holidays, public holidays, the child's birthday, and communication between the child and the non-resident parent. The court also had to consider the father's undertaking regarding the child's school attendance and the mother's liberty to take the child overseas.

Baumann J ordered that all previous orders concerning the child be discharged. The child was to live with the mother, who was granted sole parental responsibility for all major long-term issues, subject to specific requirements to consult with the father in writing before making any ultimate decisions. The mother was to ensure the child remained enrolled at the current school and continued to consult with the school chaplain. The court also set out detailed provisions for the child to spend time with the father, including specific arrangements for weekends, school holidays, and communication, with variations depending on whether the father provided a written undertaking regarding the child's school attendance. The mother was granted liberty to take the child overseas for up to 28 days in even-numbered years during the summer school holidays, subject to notice and specific arrangements for the remainder of the holidays. The father was restrained from removing the child from Australia without the mother's consent or a court order. Further orders addressed communication during overseas travel, changeover arrangements, attendance at school functions, and general parental conduct, including refraining from denigrating each other and exposing the child to conflict.